Date of filing:13.12.2013.
Date of disposal:5.1.2015.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM - II:
VIJAYAWADA, KRISHNA DISTRICT
Present: SMT N. TRIPURA SUNDARI, B. COM., B. L., PRESIDENT (FAC)
SRI S.SREERAM, B.COM., B.A., B.L., MEMBER
MONDAY, THE 5TH DAY OF JANUARY, 2015.
C.C.No.2 of 2014
Between:
Paruchuru Lakshmi Prasad, S/o Chandrasekhar Rao, Hindu, 55 years, R/o D.No.5-6-41, 42, Flat No.1J, Jayathi Pearls, K.T.Road, Chittionagar, Vijayawada.
.… Complainant.
AND
1. Vakkalagadda Subba Rao, S/o Ranga Rao, Hindu, 50 years, R/o D.No.76-14, 229/6, Bhavanipuram, Vijayawada.
2. Smt Vakkalagadda Seethamahalakshmi, W/o Subba Rao, Hindu, 45 years, R/o D.No.76-14, 229/6, Bhavanipuram, Vijayawada.
.… Opposite Parties.
This complaint coming on before the Forum for final hearing on 15.12.2014, in the presence of Sri P.Seshu Mohan, Advocate for complainant and Sri N.Srinivasa Rao, Advocate for opposite parties and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble President (FAC) Smt N. Tripura Sundari)
This complaint is filed under Section 12 of the Consumer Protection Act, 1986.
The averments of the complaint are in brief:
1. The complainant purchased a Flat No.202 constructed by the opposite parties in Thanmayee Residency. For which the complainant and the opposite parties entered into an agreement dated 2.8.2012. As per the said agreement the opposite parties have to complete the construction by 30.11.2012 and receive the total sale consideration. There is also penal clause with regard to payment of interest in the event of delay in getting the document registered so also in payment the sale consideration on the part of the complainant. An obligation to pay Rs.5000/- towards rent in the event of delay in handing over the possession of the property after completion of the construction by providing all amenities, even though the construction was not completed within the stipulated period the complainant paid the entire sale consideration and got register the sale deed on 17.12.2012. As per the sale deed it was specifically mentioned that the construction of flat by the date of registration was unfinished. Subsequently the complainant approached the opposite parties several times and requested them to complete the construction and handover the possession of the flat. On 6.10.2013 the complainant observed that several pending works are to be attended by the opposite parties and he also observed that the opposite parties used inferior quality wood for doors and windows and some moisture in the walls. Therefore the complainant requested the opposite parties to complete the construction and prevent the leakage and moisture. But the opposite parties deliberately dragon to complete the construction and compelling the complainant to live in higher rents. Under the said circumstances the complainant got issued a legal notice under rejoinder notice demanding the opposite parties to pay compensation for delay in construction. For which the opposite parties issued reply notice and rejoinder reply notice with all false allegations invented for the purpose of evading payment compensation for the delay in construction of the flat as mentioned in the agreement which amounts to clear deficiency in service on their part. Hence the complainant is constrained to file this complaint against the opposite parties praying the Forum to direct the opposite parties, to pay damages of Rs.2,00,000/- for usage of inferior quality wood or in the alternative to pay the amount that would be spent by the complainant for completion of incomplete work, to pay rent at Rs.5,000/- per month as per the agreement in view of the delay in delivering the possession and completing the construction of the property from December, 2012 to December, 2013 amounting to Rs.65,000/- to pay Rs.2,00,000/- towards compensation for suffering and to pay costs of Rs.2,000/-.
2. The version of the opposite parties is in brief:
The opposite parties denied all the allegations of the complaint and submitted that the opposite parties executed registered sale deed on 17.12.2012 (unfinished flat) and got the same registered in SRO Vijayawada and the opposite parties delivered the possession of the scheduled property to the complainant. Before registering the said sale deed the complainant and the opposite parties have entered into an agreement of sale on 22.8.2012 and the complainant obtained loan from the bank and got registered sale deed thereafter. The complainant also entered into an agreement for completion of additional works on the same day and after completion of the additional works the bank released the amounts to the contractor. On 17.12.2012 the complainant requested the opposite parties to do some works (1) Cement cup boards, (2) main door curving and polishing, (3) window door polishing, (4) gypsum ceiling with wiring (5) granite stones fitting and (6) iron gate and safety grills in wash area and agreed to pay Rs.1,00,000/- for the same. The opposite parties paid water security deposit. The opposite parties completed the above works and requested the complainant to pay an agreed amount of Rs.1,00,000/- to them. The complainant stated that he is in possession of the scheduled property and verified the works done by the opposite parties and satisfied to himself and requested the opposite parties to present the cheque of opposite parties Rs.1,00,000/- for collection. As per the registered sale deed it was specifically mentioned that the construction of the apartment by the date of registration was unfinished. There is no deficiency in service on the part of the opposite parties as mentioned in the complaint and the opposite parties prayed to dismiss the complaint with costs.
3. On behalf of the complainant he gave his affidavit and got marked Ex.A.1 to Ex.A.8. On behalf of the opposite parties Sri V.Subba Rao, the 1st opposite party gave his affidavit and got marked Ex.B.1 to Ex.B.10.
4. Heard and perused.
5. Now the points that arise for consideration in this complaint are:
1. Whether there is any deficiency in service on the part of the opposite parties
towards the complainant in not finishing the apartment works which is sold by
the opposite parties to him?
2. If so is the complainant entitled for the relief?
3. To what relief the complainant is entitled?
POINTS 1 AND 2:-
6. On perusing the material on hand the complainant and the opposite parties got entered into an agreement for sale of flat under Ex.B.1 dated 22.8.2012. In that agreement it was mentioned that the sale consideration is Rs.12,00,000/- and the complainant paid Rs.1,00,000/- as advance at the time of agreement and remaining balance will be paid on or before 30.11.2012 to get registration. The opposite parties executed registered sale deed Ex.B.2 on 17.12.2012 (unfinished flat) and delivered the possession of the scheduled property to the complainant. The complainant also entered into an agreement on the same day for completion of additional works and after completion of the addition works the bank released the amount to the contractor on 17.12.2012. The complainant requested the opposite parties to do some works (1) cement cup boards, (2)main door curving and polishing, (3) window door polishing, (4) gypsum ceiling with wiring, (5) granite stones fittings and (6)iron gate and safety grills in wash area and agreed to pay Rs.1,00,000/- for the same. The opposite parties completed the above said works and requested the complainant to pay an agreed amount of Rs.1,00,000/- under Ex.B.3 and the opposite parties presented the cheque for collection. As per the registered sale deed the construction of the flat by the date of registration was unfinished. Ex.B.5 is bunch of vouchers issued to the opposite parties for the works done i.e., for wood work and for remaining unfinished works. Ex.B.6 photos shows works done by the opposite parties to the flat of the complainant. Ex.B.7 is occupancy certificate dated 30.3.2011 issued by Vijayawada Municipal Corporation. Ex.B.8 is tax challan issued by Vijayawada Municipal Corporation on 29.3.2011. Ex.B.9 is a sale agreement and sale deed executed in favour of the complainant on 17.12.2012. Ex.B.10 is cheque and legal notice got issued by the complainant stating that the complainant had given necessary instructions to the drawee bank not to honour the cheque.
7. Meanwhile the proceedings the complainant made an application in I.A.8/2014 to appoint an advocate commissioner to note down all the physical features including all facilities and amenities and to note down the finished and unfinished works in the apartment and to take photographs for all the places pointed out by the parties. The said IA was allowed and the Commissioner was appointed to note down the physical features of the flat. The commissioner gave his report with bunch of photos stating that
1. The position of the bath room which is attached to the master bed room is no cover to the commode. No flesh tank arrangement. No wall mixers, showers, taps, and wash basin. The tiles of the wall were fixed upto 5 feet only. Above one feet left unfinished.
2. On the lower part of the kitchen wall in north east area appeared as just like as water appearance. The color is some different from upper part of the wall.
In kitchen taps and waste water pipe was not fixed. In kitchen there is a big hole i.e., like pit on the ground of east south corner.
3. In children bed room by the side of the door some white patches are present there. In children bath room no flesh tank, no wall mixers, no showers, no taps, commode is covered, no water connections, there is simple hole to the door fame.
By the side of steps i.e., back side of the kitchen presented some patches on the wall. At steps in northern side presented a big patch on the wall with different colour.
4. Unfinished electrical work was presented in the house. In children bedroom bulbs are not fixed.
5 & 7. The height from ground to roof is 8 ft in inner part of the house. No common area the height of the roof is 9 and half feet from the floor. In wash area the door frame at the ground is very low level. The water will come into house.
6. In wash area one tap was fixed another tap was not fixed. One door frame having two simple holes. Another door frame having one hole.
8. Gandala Kondala Rao, S/o Appalachari, Resident of Ravichettu entre, Vidharapuram, Vijayawada who is a Carpenter came here and removed simple peace of wood from the door frame and gave his opinion as the wood is Marjathi i.e., country wood. In master bed room window frame is Marujathi. The window having three glass doors. These glasses are having frames with take wood. The second window which is presented in children bed room is same as above. Bath room door frames are Marujathi.
In children bed room the window frame, main door fame, bath room door frames are Marujathi. The electrical work in the children bed room is unfinished. Bulbs are not fixed. In kitchen taps and waste water pipe was not fixed. At kitchen there is a big hole as pit in East South Corner. In wash area one tap was fixed and another tap was not fixed.
ANSWERS TO THE WORK MEMO OF RESPONDENT:
- In master bed room cement cup boars presented in east south corner and south west corner. In children bed room having cement cupboards. In main hall havig 3 show cases with cement cupboards.
- The main door having carving and polishing. The main door and main door frame are made with take wood.
- Windows doors are polished.
- The lower part of entire roof was made with gypsum sealing. Wiring was completed. But in some places bulbs were not fixed. The lower part of roof was made with wall putty paper, premier and emulsion.
- Granite stones were fixed at kitchen, show case, dining hall show case and master bed room.
- Iron gate was presented before the main door. Safety grills were presented to the southern side of wash area.
8. The opposite parties filed a petition requesting the Forum to issue summons to Chief Manager, S.B.I. RACPC 1st Floor, K.K. Towers, Near Benz circle, Vijayawada to produce the original sale agreement deed dated 22.8.2012 and original completion of the additional works agreement dated 22.8.2012 and sale deed dated 17.12.2012 executed in favour of the complainant and also the completion certificate issued by the contractor, before the Hon’ble Forum and to give evidence according to the above documents pertaining to the complainant and the said IA was allowed and the bank authorities were summoned to produce the said documents. The said documents were produced by the bank authorities and they are marked as Ex.B.9 and Ex.B.10.
POINT No.3:-
9. On perusing all the material in hand we are in opinion that as per sale deed the complainant purchased unfinished flat and entered into another agreement on the same day to finish the remaining works in the flat by the opposite parties and the complainant paid the cheque for Rs.1,00,000/- to the said works to the opposite parties. The opposite parties finished the balance works asked by the complainant after filing of the C.C. The vouchers filed by the opposite parties evidences that the opposite parties finished the agreed works. In view of the same we came to conclusion that there is no deficiency in service on the part of the opposite parties towards the complainant and the complainant is not entitled for any relief as prayed.
11. In the result, the complaint is dismissed without costs.
Dictated to the Stenographer K.Sivaram Prasad, transcribed by him, corrected by me and pronounced by us in the open Forum, this the 5th day of January, 2015.
PRESIDENT(FAC) MEMBER
Appendix of evidence
Witnesses examined
For the complainant: For the opposite parties:
P.W.1 P.Lakshmi Prasad D.W.1 V.Subba Rao,
Complainant, 1st opposite party
(by affidavit) (by affidavit)
Documents marked
On behalf of the complainant:
Ex.A.1 02.08.2012 Photocopy of Sale Agreement.
Ex.A.2 17.12.2012 Photocopy of letter from the complainant to the 1st
opposite party.
Ex.A.3 . . Office copy of legal notice.
Ex.A.4 17.10.2013 Office copy of reply notice.
Ex.A.5 06.11.2013 office copy of rejoinder.
Ex.A.6 19.11.2013 Office copy of reply notice to rejoinder dated 6.11.2013.
Ex.A.7 02.12.2013 Office copy of reply notice issued by the complainant.
Ex.A.8 . . Photocopy of Brochure.
On behalf of the opposite parties:
Ex.B.1 22.08.2012 Photocopy of Sale agreement.
Ex.B.2 17.12.2012 Photocopy of sale deed.
Ex.B.3 23.11.2013 Photocopy of cheque for Rs.1,00,000/-.
Ex.B.4 29.12.2013 Photocopy of reply notice issued by the complainant.
Ex.B.5 . . Photocopies of bunch of documents.
Ex.B.6 . . Nine photographs and CD.
Ex.B.7 30.11.2011 Photocopy of occupancy certificate issued by Vijayawada
Municipal Corporation.
Ex.B.8 29.03.2011 Photocopy of challan.
Ex.B.9 . . Photocopies of sale agreement and sale deed.
Ex.B.10 29.12.2013 Photocopy of reply notice issued by the complainant.
PRESIDENT(FAC)
